AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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L APPEARANCE — " RECORD REVIE
ADDRESS AND OR ORGANIZATION OF COUNSEL
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. 9) (EXHIBITS SUBMITTED TO The BOARD
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAI, EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
ISSUES A94.56 INVEA NUMDoR A67.10
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HEARING DATE CASE NUMBER
12 Aug 2010 FD-2009-00044
TREFLICANTDsSUB AND THE BOARD
: ae Re
ah
Case heard in Washington, D.C. via video teleconference with Randolph AFB TX on 12 Aug 2010.
Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.
Names and votes will be made available to the applicant at the applicant’s request.
* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
580 C STREET WEST, SULLE 4u 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00044
GENERAL: The applicant appeals for upgrade to honorable, change reason and authority and authority and
change reenlistment code. The attached brief contains available pertinent data on the applicant and the
factors leading to the discharge.
The applicant appeared and testified before the Discharge Review Board (DRB) with counsel from the Texas
Veterans Commission (Mr. A.), via video teleconference between Andrews AFB Maryland and Randolph
AFB, Texas on 12 Aug 2010. The following witness also testified on the applicant’s behalf: Mr. Stephen F.
Lowry (Father).
FINDING: The discharge is upgraded to honorable and change of reason and authority and change of
reenlistment code were granted.
he Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s characterization should be changed to Honorable.
ISSUE: The applicant contends discharge was inequitable, because it was based on onc isolated incident
with only seven months of service. The record indicates the applicant received an Article 15, a Letter of
Reprimand (LOR), a Letter of Counseling (LOC) and two Records of Individual Counseling (RIC) for
misconduct. The Article 15 was a result of consuming alcohol while under 21, and visiting an off-base
lodging without approval. He had additional misconduct and was administratively disciplined for sleeping
or displaying the appearance of sleeping in class, sleeping during a class lecture, failing dorm room
inspection, using profanity and not having an AETC Form 341. In regards to the Article 15 for underage
drinking, the applicant contends that he did not have approval to visit the off-base lodging, but he did not
drink alcohol the night of the party. During the investigation for underage, the applicant was never
identified or implicated for underage drinking. The applicant admitted to receiving counseling for sleeping
in class, but only after a 13 hour bus ride from technical training school. The board opined that these
administrative actions were not properly charactcrized as instances of misconduct, but rather, in the training
environment, as unsatisfactory performance. The board concluded that using minor disciplinary infractions
to constitute a misconduct discharge was inequitable. ‘he Board also agreed to change the applicant’s
reason and authority and his reenlistment code.
CONCLUSION: The Discharge Review Board concludes that the discharge was not consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative due process.
However, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the discharge is
more accurately described as Secretarial Authority with a reenlistment code of 3K under the provisions of
Title 10, USC 1553.
Attachment:
Examiner’s Brief
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